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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area

165E: Applications in relation to aquaculture settlement areas

You could also call this:

“Rules for doing aquaculture in special coastal areas”

If you want to apply for a coastal permit to do aquaculture activities in an aquaculture settlement area, you must have an authorisation that relates to that space and activity. This authorisation must have been provided to the trustee under section 13 of the Maori Commercial Aquaculture Claims Settlement Act 2004. You can find more information about aquaculture settlement areas in this Act.

A consent authority can grant a coastal permit for other activities in an aquaculture settlement area, but only if the activity is compatible with aquaculture activities. The consent authority must consult with the trustee and iwi in the region before granting the permit. The term iwi has the same meaning as in the Maori Fisheries Act 2004.

If you applied for a coastal permit after 1 January 2005, but before the space became an aquaculture settlement area, this rule does not affect your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236030.

Topics:
Environment and resources > Farming and fishing Māori affairs > Māori land Māori affairs > Treaty of Waitangi
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165D: Power of consent authorities to refuse to receive applications for coastal permits, or

"Consent authorities can refuse coastal permit applications if they've already said no to a similar idea nearby."

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165F: Provisions about occupation of common marine and coastal area, or

"Rules for using shared coastal spaces"

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area

165EApplications in relation to aquaculture settlement areas

  1. No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Maori Commercial Aquaculture Claims Settlement Act 2004), for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—

  2. relates to that space and activity; and
    1. was provided to the trustee under section 13 of that Act.

      1. A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—

      2. to the extent that that activity is compatible with aquaculture activities; and
        1. after consultation with the trustee and iwi in the region.

          1. Subsection (1) does not affect any application received by a consent authority—

          2. after 1 January 2005; but
            1. before the space became an aquaculture settlement area.

              1. In subsection (2)(b), iwi has the same meaning as in the Maori Fisheries Act 2004.

              Notes
              • Section 165E: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).